Late Fee Applied to Tenant's Rent Was Excessive

LVT Number: #29975

Landlord sued to evict unregulated tenant for nonpayment of rent. Although tenant otherwise paid rent, what landlord claimed due were late fees for a number of months and an increase in tenant's rent after tenant's last lease expired. Tenant moved out of the apartment while the case was pending. At trial, tenant testified that he deliberately paid his rent late at times in order to prod landlord to make needed repairs of conditions including sagging wood floors, a collapsed bathroom ceiling, mice, water damage, and mold.

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156 East 37th Street LLC v. Eichner: 62 Misc.3d 1216(A), 2019 NY Slip Op 50146(U) (Civ. Ct. NY; 2/6/19; Stoller, J)